Welcome to HUMP! The website, www.humpfilmfest.com, (the “Site”) is owned and operated by Noisy Creek, Inc. (“Noisy Creek”, “we”, “us”, or “our”).

These Terms of Use (“Terms”) apply to the following individuals and entities (collectively “Users,” “you,” or “your”):

Any individual or entity that accesses or uses the Site;
Any individual who purchases tickets to live events or purchases streaming passes; and
Any individual who submits films or content to a festival, live event, or our Site.

You must be at least eighteen years old to use our Site.

These Terms govern your access to and use of our Site and constitute a legal agreement between you and Noisy Creek. By accessing or using our Site, you represent and warrant that you are at least eighteen years old, that you have the right, authority, and capacity to enter into these Terms and that you acknowledge you have read and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not meet these requirements, do not agree, or are unable to agree to be bound by these Terms, you may NOT use our Site.

Our Site provides information related to the HUMP! Film Festival, allows you to submit film submissions to the HUMP! Film Festival, purchase tickets to the HUMP! Film Festival, and purchase and watch past HUMP! Film submissions. You may use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

Exploit, harm, or attempt to exploit or harm, vulnerable individuals or minors in any way by exposing them to inappropriate content or otherwise.
Download, copy, record, or otherwise reproduce any audiovisual content from the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, or copying any of the content on the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site.
Circumvent any digital rights management, watermarking, or other technical protection measures.
Otherwise attempt to interfere with the proper working of the Site in any way that violates applicable federal, state, local, or international law, or regulations.

This Site, including all features and functionality, is owned by Noisy Creek and is protected by intellectual property laws.

The HUMP! name, logo, and related marks are trademarks of Little X, Inc. and are licensed for use by Noisy Creek. These trademarks may not be used without prior written consent. All other trademarks are the property of their respective owners.

These Terms permit you to use the Site only for your personal use. We hereby grant you a limited, revocable, non-transferable license to stream limited content on supported devices for personal, non-commercial use only. You may not download, reproduce, distribute, redistribute, modify, create derivative works of, publicly display, publicly perform, republish, store, or transmit any of the content on our Site without our express prior written consent.

5.1 Digital Millennium Copyright Act. All Users who submit content (including film submissions) to our Site or the HUMP! Film Festival must comply with applicable copyright laws. If we receive proper notice of copyright infringement, as set out in Section 5.2, we will remove or disable access to the allegedly infringing content. If we remove or disable access to any content in response to a notice of copyright infringement, we will attempt to contact the User that submitted such content so that they may make a counter notification refuting the notice of copyright infringement.

5.2 Notice of Alleged Infringement. If you are a copyright owner or an agent of a copyright owner and believe any content on our Site infringes upon your or a copyright owner’s copyrights, you may, pursuant to the Digital Millennium Copyright Act(“DMCA”), submit a written notification, using the Contact Information below, with the following information:

a. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content;

b. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

c. The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

d. The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and

e. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent a claim of copyright infringement.

5.3 Counter Notification. The User who submitted content that is subject to a notice of copyright infringement may submit a counter notification, using the Contact Information below, with the following information:

a. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;

b. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

c. One of the following statements:

If you are in the United States: “I consent to the jurisdiction of the Federal District Court for the [insert the federal judicial district in which your address is located].”
If you are outside the United States: “I consent to the jurisdiction of the Federal District Court for the Western District of Washington.”;

d. The following statement: “I will accept service of process from the person who provided the notice of copyright infringement or his/her agent”;

e. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the challenged content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and

f. Your signature, in physical or electronic form.

Upon our receipt of the counter notification, we will promptly provide the person who provided the notice of copyright infringement with a copy of the counter notification. We will replace the removed content or cease disabling access to it not less than 10 business days following receipt of the counter notification, unless our Designated Agent first receives notice from the person who submitted the notice of copyright infringement that such person has filed a lawsuit seeking a court order to restrain the posting of the allegedly infringing content on our system.

5.4 Designated Agent. Notice of copyright infringement and counter notice should be provided to our designated agent:

Rob Crocker

E-mail: rob@noisycreek.com

Address: 1101 East Pike Street, Suite 300, Seattle, Washington 98122

Phone Number: 206-323-7101

5.5 Repeat Infringers. We reserve the right to disable content, remove content, and refuse future content submissions from Users who are repeat infringers.

6.1 Applicability. These content standards apply to all content you submit to us, including film submissions to the HUMP! Film Festival (collectively, “Submitted Content”). All Submitted Content must comply with these standards in its entirety.

6.2 Age Requirements. All individuals depicted in Submitted Content must be adults who were at least eighteen (18) years of age at the time the content was produced. By submitting content to us, you represent and warrant that:

All depicted individuals were at least eighteen (18) years of age at the time of production;
You have verified the identity, aliases, and age of each depicted individual prior to submission;
You have collected and maintained records sufficient to verify those facts, including government-issued identification for each depicted individual; and
You will promptly provide those records to us upon request.

We reserve the right to reject or remove any Submitted Content if we are unable to verify compliance with this section, or if you fail to provide records upon our request.

6.3 Prohibited Content. Submitted Content must not:

Depict any individual under the age of eighteen (18), regardless of context;
Depict any individual without their informed consent;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property right of any third party, including any music, sound recording, or other third-party content included in a film submission;
Contain material that is defamatory, harassing, or that violates the rights of publicity or privacy of any person; or
Otherwise violate applicable federal, state, local, or international law, or regulations.

6.4 Licensing, Technical and Other Requirements. You are solely responsible for ensuring that your Submitted Content complies with any standards detailed on the HUMP! Film Submissions Page. By submitting content to us, you represent and warrant that your Submitted Content meets all of the requirements set out on that page, as may be modified from time to time.

6.5 Your Responsibility. You are solely responsible for ensuring that your Submitted Content complies with these standards. By submitting content to us, you represent and warrant that your Submitted Content meets all of the requirements set out in this section.

7.1 Our Rights. We reserve the right, but are not obligated, to:

Review, screen, or monitor any Submitted Content for compliance with these Terms or applicable law;
Reject, remove, or disable access to any Submitted Content at any time and for any reason, in our sole discretion, including if we believe that the content violates these Terms or any applicable law;
Suspend or terminate your ability to submit content for any violation of these Terms, including any violation of the Content Standards set out in Section 6; and
Disclose your identity or other information about you to any third party who asserts that your Submitted Content violates their rights, or to any law enforcement authority, in each case as we deem appropriate.

7.2 No Obligation to Monitor. We do not undertake to review all Submitted Content before it is made available. We are not responsible for any failure to remove, or delay in removing, content that violates these Terms. We have no liability to any person for any action or inaction with respect to any Submitted Content.

7.3 Cooperation with Law Enforcement. We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any person submitting content to our Site. You waive, and hold harmless Noisy Creek from, any claims arising from any action taken by Noisy Creek during or as a consequence of investigations by Noisy Creek or law enforcement authorities.

8.1 Payments. All purchases or other transactions made through HUMP! are processed by a third-party payment processor. We do not collect, store, or process payment card information. Your use of third-party payment processor’s services to process any payments is governed exclusively by the terms, conditions, and privacy policies of the third-party payment processor, which you are responsible for reviewing and accepting. We are not responsible for or liable for their security or practices.

8.2 Third-Party Links. Our Site may contain links to third-party sites, services, or content. We do not own, operate, control, or monitor such third-party sites, services, or content and are not responsible or liable for their availability, accuracy, content, security, or practices. Your access and use of any third-party site, service, or content is entirely at your own risk and is governed exclusively by the terms, conditions and privacy policies of the applicable third party, which you are responsible for reviewing and accepting.

All information collected through our Site is subject to our Privacy Policy. By accessing or using our Site, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

10.1 Reliance on Information. The information presented on our Site is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility to you or any third party for any reliance placed on such information.

10.2 Statements and Opinions. Our Site includes content submitted by third parties. All statements and opinions expressed in the respective content, other than the content expressly provided by HUMP! are solely the opinions and the responsibility of the persons and entities providing such content. We disclaim all liability and responsibility to you or any third party for any content provided by any third party.

10.3 General. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (A) THAT YOUR ACCESS TO OUR SITE WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (B) THAT OUR SITE WILL BE FREE OF VIRUSES AND MALWARE; (C) THAT THE INFORMATION OBTAINED ON OR THROUGH OUR SITE WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING, HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION; (E) YOUR USE OF ANY THIRD-PARTY SERVICES OR PRODUCTS, OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SITE; AND (F) ANY THIRD-PARTY CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR COLLECTIVE OFFICERS, EMPLOYEES, ADVISORS, AGENTS, OTHER REPRESENTATIVES, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, PROFITS, OR REVENUES, UNDER ANY LEGAL THEORY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SITE; (B) YOUR INTERACTIONS WITH THIRD-PARTY SERVICE OR PRODUCT PROVIDERS, WHETHER ONLINE OR OFFLINE. THE ABOVE LIMITATIONS APPLY WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

You agree to indemnify, defend, and hold harmless us, our affiliates, our collective officers, employees, advisors, agents, other representatives, licensors, and service providers, against all claims, liabilities, expenses, and damages, including reasonable attorneys' fees, arising out of or related to: (a) your use or misuse of, or inability to use our Site or content; (b) your violation of any of these Terms; or (c) your violation of any applicable law, regulation, or violation of any third-party rights.

We may, in our sole discretion, update our Site or these Terms from time to time. We will post the revised version of the Terms here.

The date these Terms were last revised is identified at the top of the page. You are responsible for periodically visiting these Terms to check for any changes. By continuing to access or use our Site, you agree to be bound by the terms of any changes posted.

14.1 Governing Law. These Terms and your use of our Site are governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict-of-law provisions.

14.2Informal Resolution First. We want to address concerns without formal proceedings whenever possible. Before initiating arbitration or court proceedings, you agree to contact us at info@humpfilmfest.com and provide a brief description of the issue. We will work with you in good faith to try to resolve the matter informally.

14.3 Class Action Waiver. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Arbitration.

a. Arbitration Management. If we are unable to resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved through final and binding individual arbitration, rather than in court, except as described below.

b. Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration may be conducted remotely (such as by video conference or written submissions), unless an in-person hearing is requested by either party.

c. Arbitration Fees. Arbitration fees and costs will be governed by the AAA Consumer Arbitration Rules. We will not require you to pay arbitration fees that are higher than the filing fees you would pay to bring a claim in state or federal court.

d. Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending an email to info@humpfilmfest.com with the subject line “ARBITRATION OPT-OUT” and including your name and contact information. If you opt out of arbitration in a timely manner, any legal action arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction and venue of such courts.

e. Exceptions. Either party may bring an individual claim in small claims court, if eligible. In addition, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

14.5 Limitation of Time to File Claims. ANY CLAIM YOU MAY HAVE RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF SUCH CLAIM ARISES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

No waiver is effective, unless explicitly set forth in writing and signed by us. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect, or render unenforceable, any other provision of these Terms in any other jurisdiction.

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Noisy Creek with respect to the Site. All prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, are superseded.

This Site is operated by Noisy Creek, Inc.

Feedback, comments, questions, or other communications relating to this Site should be directed to:

E-mail: info@humpfilmfest.com

Address: 1101 East Pike Street, Suite 300, Seattle, Washington 98122